Newcomb v. . Hale
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 14, 1881, which affirmed a judgment in favor of defendant Hale, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant Cameron, which mortgage with the accompanying bond had been assigned by defendant Hale to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 14, 1881, which affirmed a judgment in favor of defendant Hale, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant Cameron, which mortgage with the accompanying bond had been assigned by defendant Hale to plaintiff. In and by the assignment, Hale guaranteed the payment of the bond; this was set forth in the complaint, and a personal judgment was asked against Hale for any deficiency. It…
1Opinion of the Court
Andrews, Ch. J.
The doctrine that a surety is entitled by notice to call upon the creditor to proceed to collect the debt by legal proceedings against the principal, on the debt becoming due, although no such obligation is imposed by the contract, and that the creditor failing to comply the surety is discharged to the extent of the loss sustained by the delay, came into the law of this State with Pain v. Packard (13 Johns. 174), which was an action against the defendant on a joint note signed by him as surety for one Munson, the other joint maker, given for a debt owing by Munson to the…
2Cases cited14 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Hayes v. WardNew York Court of Chancery · 1819
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Colgrove v. . TallmanNew York Court of Appeals · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
- Hungerford v. O'BrienSupreme Court of Minnesota · 1887
- Fegley v. JenningsSupreme Court of Florida · 1902
- Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
- Amick v. BaughWashington Supreme Court · 1965
13 more not listed; retrieve them via the Exa API.